PESHAWAR: The Peshawar High Court (PHC) on Friday dismissed two writ petitions filed by Akram Khan Durrani and Adnan Khan, Jamiat Ulema-e-Islam-Fazl (JUIF) MPAs wherein they had challenged the judgments of Justice Kamran Hayat Miankhel as Election Tribunal Bannu head.
He had dismissed two objections filed by these two MPAs for summary dismissal of election petitions filed by Shah Muhammad, former minister and Adnan Khan questioning the electoral victories of the MPAs.
When taken up for hearing by a bench of PHC at principal seat comprising Justice Ijaz Anwar and Justice SM Syed Ateeq Shah, counsel for the respondents objected to the maintainability of these writ petitions.
The counsel referred to numerous judgments of the Supreme Court and other superior judiciary where it was held that interim orders passed by the Election Tribunal were not amenable to the writ jurisdiction of the high court.
He relied on the bar contained in Article 225 of the Constitution which provided that election disputes could only be agitated before the Election Tribunal and once such petitions were finally decided, an appeal lies to the Supreme Court.
The counsel pointed out that if such writs were entertained, the proceedings before the Election Tribunal would get unduly procrastinated and the timeline of disposal of such election petitions within 120 days would never be adhered to.The counsel for the petitioners told the PHC that the tribunal had violated the mandate of Section 145(1) of the Election Act 2017.
